Thursday, December 27, 2012

Justice Sonia Sotomayor of the Supreme Court refused to block enforcement next week of a requirement in the health care overhaul that some companies provide insurance coverage for contraceptive drugs and devices. In an order Wednesday, Justice Sotomayor, who hears emergency appeals from the 10th Circuit, said two companies controlled by the Oklahoma City billionaire David Green and his family did not qualify for an injunction while they challenged the rule. The companies, Hobby Lobby Stores, with more than 500 stores, and Mardel, with 35 Christian bookstores, said it violated their religious beliefs to require their health plans to cover contraception.

Indiana has a similar challenge in its earliest stages. In this 24-page Order Denying Plaintiff's Motion for a Preliminary Injunction, dated Dec. 27, 2012, in the case of Grote Industries v. Sebelius, Judge Sarah Evans Barker writes:

Presently before the Court is the Plaintiffs’ Motion for Preliminary Injunction seeking an
order prohibiting Defendants from enforcing the mandate against them and others similarly
situated when it goes into effect on January 1, 2012. After review of the parties’ submissions,
we DENY Plaintiffs’ request for injunctive relief. * * *

For the reasons detailed in this entry, we find that Plaintiffs have failed to establish a
reasonable likelihood of success on the merits of any of their claims. Because likelihood of
success is a threshold requirement for injunctive relief, we need not proceed further in our
analysis. Accordingly, Plaintiffs’ Motion for Preliminary Injunction is DENIED.